The Commerce Department in July 18 remand results submitted to the Court of International Trade found that there was insufficient evidence to deny antidumping respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnam sales for use in calculating normal value. In the AD case, Commerce rejected ZASF's third-country sales to Vietnam for allegedly ending up in the U.S. to evade the relevant AD order -- this position was sent back by the trade court. On remand, the agency used the Vietnamese sales to calculate normal value, ending on a 1.73% dumping rate for ZASF (Z.A. Sea Foods Private Limited v. United States, CIT Consol. #21-00031).
Country of origin cases
The U.S. Court of Appeals for the Federal Circuit in a July 12 letter invited the U.S. and defendants-appellants Hyundai Heavy Industries (HHI) and Hyundai Corp. to file a response to a panel rehearing petition in an antidumping duty case. Originally brought by Hitachi Energy USA, the case concerns the administrative review of the AD order on large power transformers from South Korea. In a May opinion, the Federal Circuit ruled that the Commerce Department improperly hit respondent HHI with adverse facts available over its reporting of service-related revenue. The court said HHI has the right to supplement the record and Commerce cannot claim the company didn't act to the best of its ability in the review since it fully responded to Commerce's requests for further information (see 2205240028). Hitachi then filed for a rehearing, and the court invited the U.S., HHI and Hyundai Corp. to respond since they have yet to file a reply (Hitachi Energy USA v. United States, Fed. Cir. #20-2114).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP’s reversal in an antidumping and countervailing duty evasion case at the Court of International Trade case puts the agency’s entire Enforce and Protect Act program “in jeopardy,” the domestic industry group Aluminum Extruders Council said in a blog post July 13.
The U.S. on July 14 appeared in a case at the U.S. Court of Appeals for the Federal Circuit over whether the Commerce Department has the statutory authority to conduct expedited countervailing duty reviews. The court in June invited the U.S. to file an amicus brief after it failed to appear to that point (see 2206100045). In response, Elizabeth Speck at DOJ asked the court for another 92 days to file the amicus brief, filing an unopposed motion for extension of time. In the brief, Speck said that the additional 92 days is necessary since the U.S. has decided not to participate in the appeal.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Department of Commerce correctly used its knowledge test to exclude from the final margin calculation sales made to JA Solar, argued the government in a July 8 brief at the Court of International Trade opposing a summary judgment by JA Solar (JA Solar International Limited v. U.S., CIT #21-00514).
A World Trade Organization arbitrator determined the methodology Canada can use to set the level of retaliatory measures it can impose on goods imported from the U.S. if the U.S. applies countervailing duties on Canadian goods based on a measure found to be inconsistent with WTO rules. In the July 13 decision, the arbitrator said Canada would set the appropriate level of nullification or impairment in the future "based on the four-variety Armington model," which was recommended by the U.S. and can quantify the trade decline experienced by Canada through a particular use of the U.S.'s adverse facts available measures in CVD proceedings.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An importer entered merchandise covered by antidumping and countervailing duty orders on cast iron soil pipe fittings from China (A-570-062/C-570-063) into the U.S through evasion, CBP said in a July 12 notice. The Cast Iron Soil Pipe Institute, a trade association of domestic producers of fittings, had alleged in July 2021 that Little Fireflies International transshipped the goods through Cambodia.